Extending Eight Amendment protections
Samuel Joseph Joest
Arizona State University
Abstract
Introduction
Is it cruel to sentence a minor to death? Is it right to end the life of a juvenile so early with no chance to rehabilitate and change into a better person? What about sentencing them to life without the chance of parole? Never getting the chance to be rehabilitated to more mature people. In the early days of the justice system, juveniles were treated no different from adults and were sentenced to the same punishments. Over time the juvenile justice system has developed and kids have started to be treated as such. It has been proven the adolescent brains are not fully developed and is the cause for their criminal activities. But …show more content…
Healthychildren.org defines late adolescence as ages eighteen to twenty-one. (Healthychildren.org) The Supreme Court as said that it is cruel and unusual for minors under the age of eighteen to be executed or be sentenced to life without the possibility of parole. But what of the people ages eighteen to twenty-one? Because adolescence act compulsively and immaturely due to their undeveloped brains, capital punishment as well as life without the possibility of parole should be considered cruel and unusual under the 8th amendment until their brains fully develop at the age of twenty-one. Main Body
Recent scientific research through functional magnetic resonance imaging has shown significant changes in adolescent brains which last well into adulthood. For example, there is an increase in white matter in the prefrontal cortex in adolescence which can last well into adulthood.(Steinberg) This development is the last to mature and is important for high order cognitive function like planning head, weighing risks, and making complicated decisions.(Steinberg) This shows that adolescence as well as young